Board+of+Curators+of+the+University+of+Missouri+vs+Horowitz


 * Board of Curators, University of Missouri-Kansas City Medical School v. Horowitz **

**United States Supreme Court **

**Argued November 7, 1977 Decided March 1, 1978 ** ** Background ** Horowitz, a junior medical student at the University of Missouri-Kansas City Medical School, was placed on probation after multiple incidences of poor academic performance and eventually not allowed to reenroll by a faculty-student body called the Council of Evaluation. The decision was held up by the Coordinating committee, the Dean, and the Provost. In return, Horowitz brought action against petitioner officials in the District Court contending that she was not given due process as per the 14th Amendment of the Constitution. Although the court ruled against her, The Court of Appeals for the 8th circuit reversed the decision. The U.S. Supreme Court agreed to hear the case. ** Decision ** The Supreme Court upheld The District Court’s decision that Horowitz was afforded all of her rights according to the 14th amendment. Reasons for the decision resulted from the failure of Horowitz to show that either a “liberty” or a “property” interest was denied by the school. The court concluded that the school did not bar Horowitz from entering another medical school nor did the institution harm her chance at being employed in the medical field. The precedence set for this case was that denial by an organization for reenrollment or reemployment does not directly impair someone’s future opportunities within that field and thus, is congruent with the 14th Amendment concerning due process. ** Impact on Education ** Teachers as well as administrators must be given due process as per the 14th Amendment. Moreover, denial of reemployment or reinstatement by an institution, as per The Supreme Court, does not affect your ability to remain in the education field and therefore, is in agreement with the due process clause. Importantly, teachers and administrators must be aware that the precedence of this case means that they may be dismissed from a school if they fail to meet expectations. Therefore, every effort must be made by educators to ensure they are performing satisfactory. Potentially, this case may be used to set precedence in the “merit-base pay” debate that has been gaining attention in the media. Hence, the education community may be affected abruptly if the merit-base pay system is accepted and teachers are failing to meet the mark set by administration. ** Applicable Quiz Question ** True or False In the case of Board of Curators of the University of Missouri v. Horowitz, The Supreme Court ruled in favor of Horowitz stating that due process was not granted by the medical school. Completed independently by Jody Carter

BOARD OF CURATORS, UNIV. OF MISSOURI V. HOROWITZ United States Supreme Court Argued November 7, 1977, Decided March 1, 1978

**Background: ** Horowitz, a student at the University of Missouri-Kansas City Medical School, appealed the decision to have her put on academic probation during her senior year of school and her forced dismal from the University. During her appeal, she was under the supervision of seven practicing physicians who evaluated her performance and designated her future at the University. The issue was that the student was not academically ready, nor did she have satisfactory attendance and her clinical performance proved to be unacceptable, ultimately leading to the issue of whether or not she be dismissed from the University.

**Decision and Rationale: **

The Council of Evaluation, a faculty-student body that can recommend various actions, including probation and dismissal from the University, initially suggested that Horowitz be on probation during her senior year. In the midst of her senior year her performance was once again evaluated and the result was undesirable. This led to the decision for Horowitz’s dismissal from the University. Her appeal of that decision did not work in her favor. The Council, Dean, and Provost were all on one accord with the decision to terminate her from the University. The student felt that the Due Process Clause of the Fourteenth Amendment had been violated. After a complete trial, The District court ruled that Horowitz’s rights had not been desecrated and the decision would remain.

**Impact on Teaching **

This case clearly confirms not only the importance of the teacher’s role in the school but the role of the administration as well. Everyone has responsibilities and expectations that are set to high standards. There is a process to the decision of expulsion of a student from the school system that must be followed in a specific manner in order to not risk the credibility of the school, the faculty, staff, administration, or the student involved. It is important to be absolutely sure the decision to expel a student is equitable and unquestionable. Every decision from beginning to end must have solid support.

**Quiz Question ** As a facilitator, name one thing you think is important in the role you play during the decision making process to expel a student from school. **Completed independently by Sandra Crum **

<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;"> // Completed independently by Kelsey Cirmotich // ** Board of Curators, Univ. of Missouri v. Horowitz, 435 U.S. 78 (1978) ** ** U.S. **** Supreme Court ** ** Argued November 7, 1977 ** ** Decided March 1, 1978 ** ** Summary **: Academic performance at the University of Missouri-Kansas City Medical School is periodically assessed by the Council of Evaluation, which includes a faculty-student body with the authority to recommend various actions with the ultimate approval delivered by the Dean. In the case of Horowitz, faculty members expressed dissatisfaction with clinical performances during pediatrics rotation and she was sent to her final year on probation. More faculty dissatisfaction continued and when the student was reevaluated many members concluded she should not be considered for graduation in June unless “radical improvement” ensued. The student was allowed to take examinations under the supervision of seven practicing physicians, whom had differing opinions of what to do with Horowitz. After continued debate and more probation the Council recommended the respondent be dropped, which was approved by the Dean. ** Decision, Rationale **: The respondent tried to fight this decision by claiming she was not accorded due process. The decision made by the District Court concluded that the respondent had been afforded all rights guaranteed by the Fourteenth Amendment. The respondent had been fully informed of dissatisfaction in clinical progress and was given ample chances to fix the problem in her present University. The decision by the University of Missouri-Kansas City Medical School will not bar her from continuing her education elsewhere or eventually becoming part of the Medical field. ** Impact on Education **: The impact on Education from this case could go many directions. On the one hand, faculty members and professors must be careful of the decisions they make when handling the future of a student, but even more wary when other people’s lives depend upon the student in question. I do think this case opens the way for my administrators to take a stricter hand in the education and performance of students that attend not only Universities but public schools as well. If administrators and faculty members have too much say in whom they decided to keep and educate at their schools, who will be left? As long as the laws set in place are followed, and rights aren’t taken away, this may not be such a bad thing. From a student’s perspective, this ruling can be very scary. There are many factors to be taken into consideration if a student is not up to par in certain areas. Did the faculty members in this case try to help the student in stead of just watch and condemn her? ** Quiz Question **: Why do you think Horowitz thought she could win this case and stay at school? Does it seem like she was actually trying to be a good student since she went to all this work to remain at a school that didn’t want her? <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;">